Legal aid access for digitally excluded

Consideration should be given to securing that legal aid is available in the proceedings before the Sheriff (18.22).

We recommend that applicants should be eligible for legal aid to allow them to obtain legal assistance to make an application for an award.

That consideration be given to the provision of Legal Aid to victims or the families of victims to cover representation at an Inquest in appropriate cases.

IBCA include a prominent reference to the availability of legal support paid by IBCA on all registration and application forms and in public information about the compensation scheme and that the Solicitors Regulation Authority remind solicitors of their obligations.

I recommend that the scheme should include provision of the following support services to be provided without charge to the applicant: a) an advice and advocacy service, supplemented where necessary by discretionary access to independent legal advice and representation, where necessary and within a pre-authorised budget, to assist and advise applicants; b) a financial, insurance and benefits advice...

In considering the whole question of the representation of children and of their parents before Children’s Hearings attention should be paid to the necessity to avoid the introduction of any formal or adversarial character into the proceedings (18.33).

A parent, guardian or safeguarder of the child should be entitled to apply to the Sheriff for recall of the Order at any time within seven days after the removal of the child (18.20).